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Buachaill, Barrister
Category: Law
Satisfied Customers: 10954
Experience:  Barrister 17 years experience
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Reside in U.K. My fiancé is Jamaican and currently hold a 10

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I am British and reside in U.K. My fiancé is Jamaican and currently hold a 10 year family visa. He is a marine engineer so spends most time at sea. Our son was born here in the U.K. We would like to pursue an 'indefinite leave to remain 'visa for him. But not sure of the finer points. Such as 'physical time spent in country' and 'financial proof of funds'. As a marine engineer he is required to live and work on the vessel. But it seems like to progress further for this UK visa he couldn't due to not spending enough physical time in the country. Is there any exemptions or way round this. A total change in career seems a bit drastic. Additionally - who has to provide proof of funds? Him or me? He is the earner and I'm the stay at home mum. Thanks.
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Customer: replied 9 months ago.
I am happy to wait thanks. It is a rather tricky question and probably requires someone who knows the fine details of the immigration process. It seems to me there must surely be some allowance for a persons career/employment if that takes them out of the country such as our case a professional seaman.
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1. Dear Joanne, the first point you should be aware of is that time spent out of the UK on work does not count as time spent absent from the UK. So, your Jamaican fiance will be able to apply for Indefinite Leave to Remain counting the days he spends at sea as time spent in the UK as his job requires these absences from the UK. This is an exemption to the general rule that absences from the UK must be counted as time spent abroad.

2. The second point is that you can pool your funds for the purposes of making the application for Indefinite Leave to Remain. It is your fiance who will have to show "proof of funds" as it is him who is applying for Indefinite Leave to Remain. However, you can pool your funds if you wish.

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Buachaill, Barrister
Category: Law
Satisfied Customers: 10954
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thanks. Awesome answer. I'm glad to hear that time spent away for work does not count as time spent abroad. It seems a bit drastic to have an entire change to career. Although when you ask most of the visa service companies they don't know this finer point. I will definately be using you again for more visa questions.